Judge strikes down Colorado rule restricting marijuana magazine sales

June 11, 2013|Reuters

By Keith Coffman

DENVER, June 11 (Reuters) - A federal judge on Tuesdaystruck down a provision of Colorado's marijuana legalization lawthat would have required stores to sell cannabis-themedpublications behind the counter, like pornography.

Magazine publishers and bookstores had filed a lawsuitagainst the state last week, arguing that the measure, passed bythe Colorado legislature this spring, should be overturnedbefore it takes effect on July 1.

U.S. District Judge Richard Matsch's ruling came a day afterthe state attorney general's office, which would have defendedthe measure in court, agreed with the plaintiffs that it wasunconstitutional.

"The defendants have conceded the invalidity of the codeprovision cited in the complaints," Matsch said in his ordergranting a permanent injunction.

Colorado voters approved the recreational use of marijuanaby adults last fall and charged lawmakers with setting upregulations to sell and tax cannabis products.

Supporters of the behind-the-counter provision said it wasaimed at reducing juveniles' exposure to the material.

But publishers of several marijuana publications, along withlocal booksellers and newsstands, sued to block it, noting thatsuch restrictions were not in place while marijuana use wasillegal.

The Colorado Department of Revenue, which is setting up thelaw's regulatory framework, last week announced it would notenforce the rule.

This week Attorney General John Suthers joined theplaintiffs in a motion asking that the measure be invalidated.

"We commend the state for agreeing to stop this suppressionof ideas before it started," he said. "All people have the rightto read and share their ideas free of government interference."

Mason Tvert, spokesman for the Marijuana Policy Project,said lawmakers were warned during the legislative debate thatsuch a restriction could not withstand a legal challenge.

"The idea that stores can prominently display magazinestouting the joys of drinking wine and smoking cigars, yet banishthose that discuss a far safer substance to behind the counter,is absolutely absurd," Tvert said. "It is time for our electedleaders to get over their reefer madness."